Lawyer calls witness in Marriott case a chronic liar

Friday

Jun 13, 2014 at 12:01 AMJun 13, 2014 at 12:36 AM

By Elizabeth Dinanedinan@seacoastonline.com.DOVER, N.H. — A defense lawyer described the key prosecution witness in Seth Mazzaglia's murder trial Thursday as a delusional chronic liar who was callous about her role in the death of Elizabeth "Lizzi" Marriott and disposal of her body."In addition to your challenges of truth and reality, you have no appreciation for Ms. Marriott's life," attorney Joachim Barth told Kathryn "Kat" McDonough, about the 19-year-old UNH student from Westborough, Massachusetts, who died Oct. 9, 2012 in Mazzaglia's apartment.But when prosecutor Peter Hinckley later took a turn questioning McDonough, her testimony changed to include descriptions of Mazzaglia as a dominating liar, with multiple "personas," who consulted tarot cards to pick his lawyer to defend against the murder charges.Mazzaglia is charged with two "alternate theory" counts of first-degree murder, one count of second-degree murder, two counts of hindering apprehension for murder, witness tampering, falsifying physical evidence and solicitation of escape. Hinckley is arguing that Mazzaglia strangled Marriott from behind with a rope, before raping her and plotting to dispose of her body and evidence.McDonough pleaded guilty last July to helping dispose of Marriott's body and lying to investigators, and is serving 1½ to three years in prison in exchange for cooperating with authorities and testifying at Mazzaglia's trial.During his cross-examination of her Thursday, Barth prompted McDonough to admit she had lied to his staff, to police and to her friends about how Marriott died. Barth argues Marriott was smothered during consensual sex with McDonough and Mazzaglia, her former boyfriend.Hinckley later questioned McDonough about a six-page letter Mazzaglia had given her with "his own lies." The letter included a detailed script of what McDonough was supposed to tell investigators about Marriott's death, Hinckley said. That version was similar to, but had different details than a story McDonough first told police, but later said was a lie, she concurred."The two of you can't get the lies straight, right?" Hinckley asked McDonough."Right, it was a lie," she said."These are very different versions of events that the two of you can't get straight because they're lies," Hinckley said.Barth reminded McDonough that she had previously testified about "believing in dragons and believing in time travel" and he referred to a secretly-recorded conversation McDonough had with a witness when she described her involvement in Marriott's death as "a pothole."McDonough responded Thursday that she thought the pothole reference was about Mazzaglia going to jail."I believe I was referring to him being incarcerated as like a bump in the road," she said. "Yeah, it was like a bump in the road, but a really big one.""You don't even know me," McDonough said. "I've spent all this time being quiet because I couldn't talk to anyone because it was before the trial. I've been locked in my thoughts. This is just the beginning when I've finally been able to explain what happened to her."Barth reminded McDonough that she previously claimed she sat on Marriott's face for 10 to 15 minutes the night she died and that she has described herself as a "sex addict" and "nymphomaniac." He also reminded McDonough that she's told various versions of what caused Marriott's death and has laughed while talking about some of it.McDonough responded that she laughs when she's nervous and later said she was having "trouble remembering the lie I came up with.""Were you lying then, or are you a better liar now?" Barth asked.McDonough said her lies were to keep Mazzaglia from "going to prison forever.""Maybe if it was an accident, it wouldn't be for so long," she said.Through a series of questions, Hinckley prompted McDonough to say she fabricated false accounts about Marriott's death, early in the investigation, by following the lead of Barth's investigator.In one instance, McDonough said, she told the investigator that Marriott's mouth was taped shut while she was bound and having sex with her and Mazzaglia. McDonough said she got the idea to mention duct tape because the investigator asked her about duct tape.McDonough said she took cues from words spoken by the investigator, thinking the investigator had learned that information from Mazzaglia. She said she spun false accounts about Marriott's death to protect him."They asked about details that only Seth would know," she said. "I made up the story completely."Responding to Hinckley's questions, McDonough disputed that there was an hour missing from her version of the events leading to Marriott's death. She also defended against Barth's suggestion Wednesday that she was faking tears on the witness stand."I don't like crying in front of people so when I do it, it's because I can't help it," she said.Hinckley on Thursday also asked McDonough to verify that she and Mazzaglia had cut each other with knives during what they called the "kiss of steel." He displayed electronic messages to the jury that showed Mazzaglia discussing with her their sex wounds while he referred to himself, and his alter persona "Card," as "we."